Barnes v. Chesapeake & Ohio Railway Co.

STERNBERG, Justice.

The movant (Barnes) seeks to recover damages from the respondent (The Chesapeake & Ohio Railway Company (C&O)) for personal injuries received by him while employed by the Holland Company (Holland), allegedly the agent of C&O. The primary question is: By whom was Barnes employed at the time of his injuries?

Barnes charges that the C&O is using Holland as a subterfuge to avoid the Federal Employers’ Liability Act (FELA). He further states that in truth and in fact Holland is the agent of C&O and he, in turn, as an employee of Holland at the time of his injuries was actually an…